WVC 20 - 7 - 1 E
§20-7-1e. Natural resources police officer performing duties for
private persons; penalty; providing extraordinary law
enforcement or security services by contract.
(a) Any natural resources police officer who hires himself or
herself to any person, firm or corporation to guard private
property, or who demands or receives from any person, firm or
corporation any money or other thing of value as a consideration
for the performance of, or the failure to perform, his or her
duties under the regulations of the chief natural resources police
officer and the provisions of this section, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $25 nor more than $200, or confined in jail for not more than
four months, or both fined and confined.

(b) Notwithstanding any other provision of this section to the
contrary, the chief natural resources police officer may contract
with the public, military or private entities to provide
extraordinary law enforcement or security services by the Division
of Natural Resources when it is determined by the chief natural
resources police officer to be in the public interest. The chief
natural resources police officer may assign personnel, equipment or
facilities, and the division shall be reimbursed for the wages,
overtime wages, benefits and costs of providing the contract
services as negotiated between the parties. The compensation paid
to natural resources police officers by virtue of contracts
provided in this section shall be paid from a special account and are excluded from any formulation used to calculate an employee's
benefits. All requests for obtaining extraordinary law enforcement
or security services shall be made to the chief natural resources
police officer in writing and shall explain the funding source and
the authority for making the request. No officer of the division
is required to accept any assignment made pursuant to this
subsection. Every officer assigned to duty hereunder shall be paid
according to the hours and overtime hours actually worked
notwithstanding that officer's status as exempt personnel under the
"Federal Labor Standards Act" or applicable state statutes. Every
contract entered into under this subsection shall contain the
provision that in the event of public disaster or emergency where
the reassignment to official duty of the officer is required,
neither the division nor any of its officers or other personnel are
liable for any damages incurred as the result of the reassignment.
Further, any entity contracting with the Division of Natural
Resources under this section shall also agree as part of that
contract to hold harmless and indemnify the state, Division of
Natural Resources and its personnel from any liability arising out
of employment under that contract.

The director is authorized to propose legislative rules,
subject to approval by the Legislature, in accordance with chapter
twenty-nine-a of this code relating to the implementation of
contracts entered into pursuant to this subsection: Provided, That
the rules expressly prohibit private employment of officers in circumstances involving labor disputes.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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